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. <br /> 09-3428 <br /> 14 October 2009 <br /> Page 3 of 5 <br /> Variances <br /> Lot Area: The combined area of the four lots is 34,400 s.f. or 0.79 acres when the zoning <br /> district requires two acres. <br /> Street and Side Yard Setback: The existing home meets the street and side yard setback <br /> requirements. The applicants' proposed home does not meet any yard setback <br /> requirements. They have proposed a 41.2 foot setback from Crestview, which will <br /> essentially become their front/street yard with the driveway reorientation; a 48.2 foot setback <br /> from Bayside Road is proposed where a 50 foot setback is required from both streets. They <br /> have proposed 16.9 foot to 24 foot setbacks from the side lot lines where 30 feet is required. <br /> Creek Setback: The house would be as close as 48 feet to the creek when the shoreland <br /> regulations require a 75 foot setback. The gravel driveway and attached garage on the <br /> existing home on the property were located entirely within the 75' creek setback. <br /> Hardcover.� Hardcover in the 0 to 75 foot zone is proposed to be 11.24%, reduced slightly <br /> from the existing 11.4%. Hardcover within the 75'-250' zone jumps from an existing 11.1% <br /> to 33.6% proposed. In addition to the proposed 3,682 s.f. home and 715 square feet of <br /> proposed patio, and 2,018 square feet of hardcover in the driveway and courtyard, there are <br /> 315 square feet of proposed retaining walls and a proposed foot bridge spanning the creek. <br /> Conditional Use Permit <br /> Since the earthwork will take place within the creek, within the 0 to 75 foot zone and <br /> exceeds 10 cubic yards a conditional use permit is required. The applicants are working with <br /> the MCWD on the stream bank stabilization project. Copies of the MCWD permits are <br /> required to be submitted to the City. <br /> Hardship Analysis <br /> In considering applications for variance, the Planning Commission shall consider the effect of <br /> the proposed variance upon the health, safety and welfare of fhe community, existing and <br /> anficipated traffic conditions, light and air, danger of fire, risk to the public safety, and the - <br /> effect on values of property in the surrounding area. The Planning Commission shall consider <br /> recommending approval for variances from the literal provisions of the Zoning Code in <br /> insfances where their strict enforcement would cause undue hardship because of <br /> circumstances unique to the individual property under consideration, and shall recommend <br /> approval only when it is demonstrated that such actions will be in keeping with the spirit and <br /> � intent of the Orono Zoning Code. <br /> Issues for Consideration <br /> 1. Will the proposed home be compatible with the surrounding neighborhood? <br /> 2. What is the impact of the creek setback variance on hardcover? <br /> While the proposed home is situated at a similar setback from the creek as the <br /> existing home the square footage of new structure that will be within the 75' creek <br /> setback is considerably greater than is existing. The applicants are proposing to <br /> remove the entire gravel driveway which exists within the 75' setback and replace <br /> with native vegetation. Staff suggests the Commission discuss this continued and <br /> increased encroachment and its effects on the property. <br /> 3. How does the size of the proposed home impact location as it relates to the setback <br /> variances as well as the hardcover variances? <br /> Staff suggests the Commission discuss the size of the house in relation to the <br />